City Council

May 2, 2019 The City Council of the City of Murfreesboro, Rutherford County, Tennessee, met in regular session at its regular meeting place in the Council Chambers at City Hall at 7:00 p.m. on Thursday, May 2, 2019, with Mayor Shane McFarland present and presiding and with the following Council Members present and in attendance, to wit: Rick LaLance Ronnie Martin Bill Shacklett Eddie Smotherman Kirt Wade Vice-Mayor Madelyn Scales Harris was absent and excused from this meeting. The following representatives of the City were also present: Craig Tindall, City Manager Adam Tucker, City Attorney David Ives, Deputy City Attorney Melissa Wright, City Recorder/ Finance Director Darren Gore, Assistant City Manager/ Utility Enterprise Gary Whitaker, Assistant City Manager/ Development and Coordination Jim Kerr, Transportation Director Matthew Blomeley, Assistant Planning Director Mayor McFarland recognized that today was the “National Day of Prayer”. Mr. Wade commenced the meeting with a prayer and led those present with the Pledge of Allegiance. Mayor McFarland recognized two outstanding teachers, Ms. Chumney who has been named “Mid-Cumberland Teacher of the Year” and Mr. Barch who has been awarded the “State Stem Award”. Mr. Greg Tucker, Rutherford County Historian, gave the historical background of Cannonsburg which was originally intended to be the name for Murfreesboro. The Consent Agenda was presented to the Council for approval: 1. Mandatory Referral for dedication of a Sanitary Sewer Pump Station Easement north of West Thompson Lane for the Caroline Farms Subdivision (Planning) 2. FY 2019 City Manager Approved Budget Amendments (Finance) 3. ADA Renovations Civic Plaza Change Order 1 (Facilities) (Insert letters from Planning Department, Finance Department, and Facilities Department here.) Mr. Shacklett made a motion to approve the Consent Agenda. Mr. Martin seconded the motion and all members of the Council present voted “Aye” except Mayor McFarland who voted “Abstain”. The following letter from the Transportation Director was presented to the Council: (Insert letter dated May 2, 2019 regarding acceptance of TDOT’s Proposal to construct two Road Improvement Projects.)  May 2, 2019 Page 2 The following RESOLUTION 19-R-06 was read to the Council and offered for adoption upon motion made by Mr. Wade, seconded by Mr. Martin. Upon roll call said resolution was adopted by the following vote: Aye: Rick LaLance Ronnie Martin Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None (Insert RESOLUTION 19-R-06 here.) The following letter from the Assistant Planning Director was presented to the Council: (Insert letter dated May 2, 2019 here with regards to rezoning approximately 1.4 acres located along Mercury Boulevard [2019-407].) Mayor McFarland announced that the next item on the agenda is to conduct a public hearing, pursuant to RESOLUTION 19-R-PH-06 adopted by the City Council on March 21, 2019, to consider amending the Zoning Ordinance and the Zoning Map of the City to rezone approximately 1.4 acres along Mercury Boulevard from Planned Commercial Development (PCD) District to Commercial Highway (CH) District; Pradeep Agnihotri, applicant [2019- 407]. Notice of said public hearing was published in the April 16, 2019 issue of the local newspaper as follows: (Insert notice here.) Mr. Matthew Blomeley, Assistant Planning Director, presented the unanimous recommendation of the Planning Commission to approve the rezoning of approximately 1.4 acres located along Mercury Boulevard, pending a public hearing before Council. Mayor McFarland then declared the public hearing open and invited those present who wished to speak for or against the proposed rezoning of approximately 1.4 acres located along Mercury Boulevard, step forward to the podium. There was no one present who wished to speak for or against the proposed rezoning and, after ample time had been given, Mayor McFarland declared the public hearing closed. An ordinance, entitled “ORDINANCE 19-OZ-06 amending the Zoning Ordinance and the Zoning Map of the City of Murfreesboro, Tennessee, as heretofore amended and as now in force and effect, to rezone approximately 1.4 acres along Mercury Boulevard from Planned Commercial Development (PCD) District to Commercial Highway (CH) District; Pradeep Agnihotri, applicant [2019-407],” was read to the Council and offered for passage  May 2, 2019 Page 3 on first reading upon motion made by Mr. Smotherman, seconded by Mr. LaLance. Upon roll call said ordinance was passed on first reading by the following vote: Aye: Rick LaLance Ronnie Martin Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None The following letter from the Assistant Planning Director was presented to the Council: (Insert letter dated May 2, 2019 here with regards to rezoning approximately 90.56 acres located along New Salem Highway and Clearidge Drive [2019-406].) Mayor McFarland announced that the next item on the agenda is to conduct a public hearing, pursuant to RESOLUTION 19-R-PH-09 adopted by the City Council on March 21, 2019, to consider amending the Zoning Ordinance and the Zoning Map of the City to rezone approximately 90.56 acres along New Salem Highway from Single-Family Residential Fifteen (RS-15) District, Commercial Highway (CH) District, General Office (OG) District, and Residential Multi-Family Sixteen (RM-16) District to Single-Family Residential Six (RS-6) District; Vision Development, applicant [2019-406]. Notice of said public hearing was published in the April 16, 2019 issue of the local newspaper as follows: (Insert notice here.) Mr. Matthew Blomeley, Assistant Planning Director, presented the unanimous recommendation of the Planning Commission to approve the rezoning of approximately 90.56 acres located along New Salem Highway and Clearidge Drive, pending a public hearing before Council. Mayor McFarland then declared the public hearing open and invited those present who wished to speak for or against the proposed rezoning of approximately 90.56 acres located along New Salem Highway and Clearidge Drive, step forward to the podium. Mr. Rick Womick, 6015 Highway 99, opposed the rezoning, stating that he was concerned about drainage on the property and presented photographs to the Council highlighting his concerns. He also addressed his concern that the current road was not adequately prepared for the increased traffic if the rezoning took place. There was no one else present who wished to speak for or against the proposed rezoning and, after ample time had been given, Mayor McFarland declared the public hearing closed.  May 2, 2019 Page 4 Council discussed with the developer and the Assistant Planning Director some of the issues that were brought up at the public hearing and wanted the developer and staff to meet with the residents to hear more about their concerns before a second reading of the ordinance. An ordinance, entitled “ORDINANCE 19-OZ-09 amending the Zoning Ordinance and the Zoning Map of the City of Murfreesboro, Tennessee, as heretofore amended and as now in force and effect, to rezone approximately 90.56 acres along New Salem Highway from Single-Family Residential Fifteen (RS-15) District, Commercial Highway (CH) District, General Office (OG) District, and Residential Multi-Family Sixteen (RM-16) District to Single- Family Residential Six (RS-6) District; Vision Development, applicant [2019-406],” was read to the Council and offered for passage on first reading upon motion made by Mr. Smotherman, seconded by Mr. LaLance. Upon roll call said ordinance was passed on first reading by the following vote: Aye: Rick LaLance Ronnie Martin Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None The following letter from the Assistant Planning Director was presented to the Council: (Insert letter dated May 2, 2019 here with regards to Plan of Services and annexation for approximately 123 acres [2019-501] and zoning for approximately 231.3 acres along South Rutherford Boulevard and Lee Lane [2019-405].) Mayor McFarland announced that the next item on the agenda is to conduct a public hearing, pursuant to RESOLUTION 19-R-PH-08 to consider adoption of a Plan of Services for and annexation of approximately 123 acres and zoning of approximately 231.3 acres along South Rutherford Boulevard, Lee Lane, and I-24 to Heavy Industrial (HI) District, including approximately 120.9 acres to be zoned Heavy Industrial (HI) District simultaneous with annexation and approximately 110.4 acres to be rezoned from Commercial Highway (CH) District to Heavy Industrial (HI) District; Pinnacle Bank, Elizabeth Derryberry, and Brian Berryman, applicants [2019-501 and 2019-405]. Notice of said public hearing was published in the April 16, 2019 issue of the local newspaper as follows: (Insert notice here.) Mr. Matthew Blomeley, Assistant Planning Director, presented the unanimous recommendation of the Planning Commission to approve the Plan of Services and  May 2, 2019 Page 5 annexation for approximately 123 acres and zoning for approximately 231.3 acres along South Rutherford Boulevard and Lee Lane, pending a public hearing before Council. Mayor McFarland then declared the public hearing open and invited those present who wished to speak for or against the proposed Plan of Services and annexation of approximately 123 acres located along South Rutherford Boulevard and Lee Lane, step forward to the podium. Mr. LaLance noted, due to his employer being one of the applicants, he would be abstaining. Ms. Nettie Monday, 6833 Lofton Road, supported the proposed plans stating that she is a part owner in the property being developed, and she thinks it will be good for the community. Mr. Bruce White, 1819 Lee Lane, opposed the proposed plans stating that the property has water problems and that the plans will make those problems worse. He was also concerned that Lee Lane will have heavy traffic. Ms. Diane Parker, 2101 Wimbledon Drive, opposed the proposed plans due to her concern with the potential for Lee Lane being blocked and how that will affect Fire Services. There was no one else present who wished to speak for or against the proposed Plan of Services and annexation and, after ample time had been given, Mayor McFarland declared the public hearing closed. The following RESOLUTION 19-R-PS-08 was read to the Council and offered for adoption upon motion made by Mr. Smotherman, seconded by Mr. Martin. Upon roll call said resolution was adopted by the following vote: Aye: Ronnie Martin Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None Abstain: Rick LaLance (Insert RESOLUTION 19-R-PS-08 here with regards to Plan of Services for approximately 123 acres located along South Rutherford Boulevard, Lee Lane, and I-24: Pinnacle Bank and Elizabeth Hoover Derryberry, applicants [2019-501].) The following RESOLUTION 19-R-A-08 was read to the Council and offered for adoption upon motion made by Mr. Martin, seconded by Mr. Wade. Upon roll call said resolution was adopted by the following vote: Aye: Ronnie Martin Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland  May 2, 2019 Page 6 Nay: None Abstain: Rick LaLance (Insert RESOLUTION 19-R-A-08 here with regards to annexation for approximately 123 acres located along South Rutherford Boulevard, Lee Lane, and I-24: Pinnacle Bank and Elizabeth Hoover Derryberry; applicants [2019-501].) Mr. Matthew Blomeley, Assistant Planning Director, presented the zoning request for approximately 231.3 acres along South Rutherford, Lee Lane and I-24 to Heavy Industrial (HI) District, including approximately 120.9 acres to be zoned Heavy Industrial (HI) District simultaneous with annexation, and approximately 110.4 acres to be rezoned from Commercial Highway (CH) District to Heavy Industrial (HI) District along South Rutherford Boulevard and Lee Lane, pending a public hearing before Council. He stated the Planning Commission approved the request conditioned upon a 25’ strip along the southeastern property line being removed from the study area which will result in a zoning classification of Single Family Residential (RS-15) District 15 upon annexation and the applicant has agreed to this condition and the maps have been revised accordingly. Matt Taylor of SEC, Inc. presented the request for rezoning on behalf of the applicant. Mayor McFarland then declared the public hearing open and invited those present who wished to speak for or against the proposed zoning of approximately 231.3 acres located along South Rutherford Boulevard and Lee Lane, step forward to the podium. Mr. Christopher Dawson, 2308 Reidhurst Drive, opposed the proposed zoning stating that it puts industrial areas too close to residential areas; drainage concerns; and concerns with increased traffic. Ms. Sandra Cannon representing her mother Ms. Lucille Nunley, 1802 Lee Lane, opposed the proposed zoning stating that the proposed industrial area would be too loud next to the existing residential. At the very least, she would like the plans to include a larger buffer area than what is proposed; no industry that pollutes air quality be allowed to build there; and no trucks to be allowed on the road. Mr. Keith Jones, 127 Tenby Drive, opposed the proposed zoning stating that the land use plan should not be ignored, and that it would put industrial areas too close to residential areas. Ms. Jo Ann Plough, 2232 Elam Road, opposed the proposed zoning stating that it would put industrial areas too close to residential areas, and the proposed buffer between the two areas is not large enough and will hurt property values.  May 2, 2019 Page 7 Mr. Eric Plough, 2232 Elam Road, opposed the proposed zoning stating that he had noise and air quality concerns with industrial areas being so close to residential areas. Ms. Diane Parker, 2101 Wimbledon Drive, opposed the proposed zoning stating that heavy industrial is too close to her home; the Council shouldn’t be able to approve zoning without knowing what type of businesses are going to be built there; and that this will increase truck traffic on Elam Road. Ms. Lucille Nunley, 1802 Lee Lane, opposed the proposed heavy industrial zoning stating that her property is the closest to the proposed industrial area, and it will be too close to her property. Ms. Nancy Franklin, 2232 Pearwick Court, opposed the proposed zoning stating that it will increase traffic. Mr. Mike Braschler, 1830 Lee Lane, opposed the proposed zoning stating that you should not be allowed to put industrial areas so close to residential areas; the proposed buffer between the areas is much too small; and there is no plan for the development yet. Mr. Jim Michaels, 1923 Tulip Hill Drive, opposed the proposed zoning and asked Council if they would want an industrial area right next to their homes. Mr. Don Bolton, 2003 Tulip Hill Drive, opposed the proposed zoning stating that it would increase traffic and would bring noise pollution. Mr. Brick Murfree, 805 South Church Street, supported the proposed zoning stating that it will bring the type of businesses to the area that the City needs. Mr. Bruce White, 1819 Lee Lane, opposed the proposed zoning stating that building in the area will cause run off and flooding for the residential areas. There was no one else present who wished to speak for or against the proposed Zoning and, after ample time had been given, Mayor McFarland declared the public hearing closed. Council then discussed with the representative of the Developer and Planning Department staff the resident’s concerns and what could be done to address them. The developer representative agreed to increase the RS-15 strip to 40’ and, when added to the 20’ required landscape buffer, it becomes a total of a 60’ buffer. An ordinance, entitled “ORDINANCE 19-OZ-08 amending the Zoning Ordinance and the Zoning Map of the City of Murfreesboro, Tennessee, as heretofore amended and as now in force and effect to zone approximately 231.3 acres located along South Rutherford Boulevard, Lee Lane, and I-24 to Heavy Industrial (HI) District, including approximately 120.9 acres to be zoned Heavy Industrial (HI) District simultaneous with annexation, and approximately 110.4 acres to be rezoned from Commercial Highway (CH) District to Heavy  May 2, 2019 Page 8 Industrial (HI) District; Brian Berryman, applicant [2019-404],” was read to the Council, as amended to include a 45’ strip of RS-15 (originally 25’) and with the recommended plat conditions subject to all staff comments, and offered for passage on first reading upon motion made by Mr. Martin, seconded by Mr. Wade. Upon roll call said ordinance was passed on first reading by the following vote: Aye: Ronnie Martin Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None Abstain: Rick LaLance The following letter from the Assistant Planning Director was presented to the Council: (Insert letter dated May 2, 2019 here with regards to Plan of Services and Annexation for segments of I-840, I-24, Butler Drive, Elam Road, Joe B. Jackson Parkway, John R Rice Boulevard, John Bragg Highway and Shelbyville Pike right-of-way.) Mayor McFarland announced that the next item on the agenda is to conduct a public hearing, pursuant to RESOLUTION 18-R-PH-64.1 adopted by the City Council on March 21, 2019, to consider adoption of a Plan of Services for and annexation of segments of Interstate 24, Butler Drive, Elam Road, Joe B. Jackson Parkway, John R Rice Boulevard, John Bragg Highway, and Shelbyville Pike right-of-way; City of Murfreesboro Fire and Rescue Department, applicant [2018-511]. Notice of said public hearing was published in the April 16, 2019 issue of the local newspaper as follows: (Insert notice here.) Mr. Matthew Blomeley, Assistant Planning Director, presented the recommendation of the Planning Commission to approve the Plan of Services and annexation, and that there was no companion zoning request for this annexation. Mayor McFarland then declared the public hearing open and invited those present who wished to speak for or against the proposed Plan of Services and annexation, step forward to the podium. There was no one present who wished to speak for or against the proposed Plan of Services or annexation and, after ample time had been given, Mayor McFarland declared the public hearing closed. Mr. Smotherman discussed with Staff and Council the addition of John R Rice Boulevard to the resolution and made a motion to amend the resolution to remove John R Rice Boulevard from the proposed plans. Mr. LaLance seconded the motion and all members of the Council present voted “Aye”.  May 2, 2019 Page 9 The following RESOLUTION 19-R-PS-64 was read to the Council and offered as amended for adoption upon motion made by Mr. Smotherman, seconded by Mr. LaLance. Upon roll call said resolution was adopted by the following vote: Aye: Rick LaLance Ronnie Martin Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None (Insert RESOLUTION 19-R-PS-64 here with regards to Plan of Services for segments of I-840, I-24, Butler Drive, Elam Road, Joe B. Jackson Parkway, John Bragg Highway and Shelbyville Pike right-of-way.) The following RESOLUTION 19-R-A-64 was read to the Council and offered as amended for adoption upon motion made by Mr. Smotherman, seconded by Mr. LaLance. Upon roll call said resolution was adopted by the following vote: Aye: Rick LaLance Ronnie Martin Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None (Insert RESOLUTION 19-R-A-64 here with regards to annexation for segments of I-840, I-24, Butler Drive, Elam Road, Joe B. Jackson Parkway, John Bragg Highway and Shelbyville Pike right-of-way.) The following letter from the Assistant Planning Director was presented to the Council: (Insert letter dated May 2, 2019 here with regards to Plan of Services and annexation for I-24 right-of-way between South Church Street and Joe B. Jackson Parkway) Mayor McFarland announced that the next item on the agenda is to conduct a public hearing, pursuant to RESOLUTION 19-R-PH-07 adopted by the City Council on March 21, 2019 to consider adoption of a Plan of Services for and annexation of approximately 8,100 linear feet (57.8 acres) along Interstate 24 right-of-way located between South Church Street (Exit 81) and Joe B. Jackson Parkway (Exit 84); City of Murfreesboro Fire and Rescue Department, applicant [2019-502]. Notice of said public hearing was published in the April 16, 2019 issue of the local newspaper as follows: (Insert notice here.) Mr. Matthew Blomeley, Assistant Planning Director, presented the unanimous recommendation of the Planning Commission to approve the Plan of Services and annexation, and that there was no companion zoning request for this annexation.  May 2, 2019 Page 10 Mayor McFarland then declared the public hearing open and invited those present who wished to speak for or against the proposed Plan of Services and annexation for I-24 right-of-way between South Church Street and Joe B. Jackson Parkway, step forward to the podium. There was no one present who wished to speak for or against the proposed Plan of Services or Annexation and, after ample time had been given, Mayor McFarland declared the public hearing closed. The following RESOLUTION 19-R-PS-07 was read to the Council and offered for adoption upon motion made by Mr. LaLance, seconded by Mr. Martin. Upon roll call said resolution was adopted by the following vote: Aye: Rick LaLance Ronnie Martin Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None (Insert RESOLUTION 19-R-PS-07 here with regards to Plan of Services for approximately 8,100 linear feet (57.8 acres) along I-24 right-of-way between South Church Street (Exit 81) and Joe B. Jackson Parkway (Exit 84); City of Murfreesboro Fire & Rescue Department, applicant [2019-502].) The following RESOLUTION 19-R-A-07 was read to the Council and offered for adoption upon motion made by Mr. LaLance, seconded by Mr. Smotherman. Upon roll call said resolution was adopted by the following vote: Aye: Rick LaLance Ronnie Martin Bill Shacklett Eddie Smotherman Kirt Wade Shane McFarland Nay: None (Insert RESOLUTION 19-R-A-07 here with regards to annexation for I-24 right-of-way between South Church Street (Exit 81) and Joe B. Jackson Parkway (Exit 84); City of Murfreesboro Fire & Rescue Department, applicant [2019-502].) Upon recommendation of Mayor McFarland, Mr. Shacklett made a motion to reappoint Ms. Susan McGannon (term expires May 2, 2022) to the Stones River Regional Library Board; reappoint Mr. Rollie Holden Jr. (term expires May 2, 2022) to the Rutherford County Library Board; and to appoint Mr. Charlie Parker (term expires May 2, 2022) and Mrs. Ginny Togrye (term expires May 2, 2022) to the Murfreesboro Art Committee to fill the vacancy left by Ms. Danielle Wilbert. Mr. Martin seconded the motion and all members of the Council present voted “Aye”.  May 2, 2019 Page 11 The Finance Director announced that there were not any statements to be considered. There being no further business, Mayor McFarland adjourned this meeting at 9:56 p.m. SHANE MCFARLAND - MAYOR ATTEST: MELISSA B. WRIGHT - CITY RECORDER